Bulgaria’s Ministry of Justice has proposed a draft law amending and supplementing the nation’s Civil Procedure Code (CPC), which has been published on the Public Consultations Portal and will undergo public consultation from 16 April 2026 to 18 May 2026.
The proposed amendments transpose EU Directive 2024/1069 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings, known as Strategic lawsuits against public participation (SLAPP).
SLAPP lawsuits are not brought to obtain a genuine legal remedy, but to silence critics. Their purpose is to intimidate, exhaust, and drain the financial and psychological resources of defendants, creating a chilling effect that discourages other potential critics from voicing their views. Typical tactics include filing high-value damages claims, securing injunctions over assets, deliberately prolonging proceedings, and other forms of procedural abuse.
The draft law creates an entirely new chapter in the CPC governing proceedings brought against a party for their "public participation", a term covering statements or activities in the exercise of freedom of expression, freedom of information, freedom of the arts and sciences and freedom of assembly on matters of public interest. Both "public participation" and "matter of public interest" are given expansive statutory definitions, which may lead to wide application and place considerable discretionary burden on the courts.
A key innovation is the introduction of an early dismissal mechanism, allowing a defendant to request that a claim be dismissed as manifestly unfounded at a preliminary stage before a full hearing and before evidence has been gathered. According to the proposed changes, the court would rule on such a request within one week and, if it finds grounds for dismissal, would give the claimant a further one-week period to substantiate the action. If the claimant fails to substantiate its case, the claim will be dismissed on the merits with a court judgment.
This mechanism reverses the burden of proof, requiring the claimant to demonstrate that the action is not abusive, which is a unique feature and contrary to established procedural principles.
The draft law also raises the threshold for interim relief against defendants in public participation proceedings, requiring convincing written evidence of the claim's merits rather than a simple guarantee. Defendants would also receive the right to request cost security at any stage, requiring the claimant to post a guarantee covering the defendant's expected litigation costs. If claimants fail to comply with cost security, proceedings can be terminated. In addition, organisations and individuals who are not parties to the proceedings but have an interest in supporting the defense of the defendant would be permitted to submit evidence in support of the defendant.
The draft law also provides for the publication of court decisions in SLAPP-related proceedings. Where a claim is dismissed, the final judgment, including the claimant's full details, would be published on the Unified E-Justice Portal, expressly stating that the case arose from the defendant's public participation and whether the proceedings have cross-border significance.
Stakeholders and affected parties can review the draft’s full text and submit observations before the consultation period closes on 18 May 2026.
For more information on Bulgaria’s anti-SLAPP draft law, contact your usual CMS contact or the CMS experts who contributed to this article: Assen Georgiev and Yana Antonova.
